Hello guys!
Please click on the link for sample forms. Includes the assigned forms from yesterday's class with Atty. Lao.
1. Acknowledgement
2. Jurat
3. Affidavit
4. and much more!
Just Click on the Link for Sample Legal Forms!
Tuesday, April 24, 2007
Action for Partition
What is partition of property?
A - Partition is the separation, division and assignment of a thing held in common or in co-ownership (Art. 1079, Civil Code).
Q - What are the kinds of partition?
A - The kinds of partition are as follows:
a.) Judicial - when the partition is coursed through the court:
a.1.) Administration proceedings (Rule 84, Section 90);
a.2.) Judicial summary settlement (Rule74, Section 2);
a.3.) Ordinary action for partition (Rule 74, Section 1; Rule 69, RRC).
b.) Extra-judicial - when the partition is done without judicial intervention:
b.1.) When the co-heirs voluntarily agree among themselves to partition the estate of the decedent (Rule 74, Section 1; Art. 1083 and Art. 1085, NCC);
b.2.) When the sole heir adjudicates to himself the entire estate of the decedent by executing an affidavit of adjudication (Rule 74, Section 1);
b.3.) By the decedent through an act inter vivos (Art. 1080);
b.4.) By the decedent through his will (Art. 1080);
b.5.) By a person entrusted by the testator or decedent to make physical division of the estate for the benefit of the heirs entitled thereto (Art. 1081, paragraph 1).
A - Partition is the separation, division and assignment of a thing held in common or in co-ownership (Art. 1079, Civil Code).
Q - What are the kinds of partition?
A - The kinds of partition are as follows:
a.) Judicial - when the partition is coursed through the court:
a.1.) Administration proceedings (Rule 84, Section 90);
a.2.) Judicial summary settlement (Rule74, Section 2);
a.3.) Ordinary action for partition (Rule 74, Section 1; Rule 69, RRC).
b.) Extra-judicial - when the partition is done without judicial intervention:
b.1.) When the co-heirs voluntarily agree among themselves to partition the estate of the decedent (Rule 74, Section 1; Art. 1083 and Art. 1085, NCC);
b.2.) When the sole heir adjudicates to himself the entire estate of the decedent by executing an affidavit of adjudication (Rule 74, Section 1);
b.3.) By the decedent through an act inter vivos (Art. 1080);
b.4.) By the decedent through his will (Art. 1080);
b.5.) By a person entrusted by the testator or decedent to make physical division of the estate for the benefit of the heirs entitled thereto (Art. 1081, paragraph 1).
Friday, April 20, 2007
Petition for Correction of Entry in Civil Registry
Petition for Correction of Entry in Civil Registry is an action in rem, an action against a thing and not against a person. The decision on the petition binds not only the parties thereto but the whole world. An in rem proceeding is validated essentially through publication. Publication is notice to the whole world that the proceeding has for its object to bar indefinitely all who might be minded to make an objection of any sort against the right sought to be established. It is the publication of such notice that brings in the whole world as a party in the case and vests the court with jurisdiction to hear and Alba vs CA G.R. No. 164041. July 29, 2005
Thursday, April 19, 2007
Real or Personal Action
Yesterday, a question came up in class as to whether an action for foreclosure or partition is necessarily a real action. I just want to underscore that foreculosure and partition proceedings may not solely involve real but also personal property. I dug the following excerpts from SC cases which may be of help in cracking the question:
In Hernandez vs. Rural Bank of Lucena, Inc., the Court made the following distinction between personal and real action:
In a personal action, the plaintiff seeks the recovery of personal property, the enforcement of a contract or the recovery of damages.
In a real action, the plaintiff seeks the recovery of real property, or, as indicated in section 2(a) of Rule 4, a real action is an action affecting title to real property or for the recovery of possession, or for partition or condemnation of, or foreclosure of a mortgage on, real property.
Am I right to presume then that the determination as to whether the action is personal or real is necessary in order to determine jurisdiction? The court further ruled in Gomez vs CA [G.R. No. 127692. March 10, 2004] that:
Real action is one which affects title to or possession of real property. However, it does not automatically follow that the action is already one in rem. An action in rem is an action against the thing itself, instead of against the person while an action in personam is an action against a person on the basis of his personal liability. Hence, a real action may at the same time be an action in personam and not necessarily an action in rem.
Is it right to conclude then, that the determination of whether an action is one in rem or in personam or quasi in rem is not to determine jurisdiction per se but in order to meet the publication requirement of law as sine qua non for courts to acquire jurisdiction?
In Hernandez vs. Rural Bank of Lucena, Inc., the Court made the following distinction between personal and real action:
In a personal action, the plaintiff seeks the recovery of personal property, the enforcement of a contract or the recovery of damages.
In a real action, the plaintiff seeks the recovery of real property, or, as indicated in section 2(a) of Rule 4, a real action is an action affecting title to real property or for the recovery of possession, or for partition or condemnation of, or foreclosure of a mortgage on, real property.
Am I right to presume then that the determination as to whether the action is personal or real is necessary in order to determine jurisdiction? The court further ruled in Gomez vs CA [G.R. No. 127692. March 10, 2004] that:
Real action is one which affects title to or possession of real property. However, it does not automatically follow that the action is already one in rem. An action in rem is an action against the thing itself, instead of against the person while an action in personam is an action against a person on the basis of his personal liability. Hence, a real action may at the same time be an action in personam and not necessarily an action in rem.
Is it right to conclude then, that the determination of whether an action is one in rem or in personam or quasi in rem is not to determine jurisdiction per se but in order to meet the publication requirement of law as sine qua non for courts to acquire jurisdiction?
Wednesday, April 18, 2007
One of the hottest stories these days is the Virginia Tech Massacre. Well, what can I say or what can we say? In some ways, he's almost like Edgar Allan Poe..and much as people is intrigued by Poe, I think, so shall the story 23-year-old Cho Seung-Hui will be..
Here's the detailed story from ABC News.
ABC News
http://news.yahoo.com/s/ap/20070418/ap_on_re_us/virginia_tech_shooting
By MATT APUZZO, AP National Writer
BLACKSBURG, Va. - Midway through his murderous rampage, the Virginia Tech gunman went to the post office and mailed NBC a package containing photos and videos of him brandishing guns and delivering a snarling, profanity-laced tirade about rich "brats" and their "hedonistic
"You had a hundred billion chances and ways to have avoided today," 23-year-old Cho Seung-Hui says in a harsh monotone. "But you decided to spill my blood. You forced me into a corner and gave me only one option. The decision was yours. Now you have blood on your hands that will never wash off."
NBC said the package contained a rambling and often-incoherent, 1,800-word video manifesto, plus 43 photos, 11 of them showing him aiming handguns at the camera.
He repeatedly suggests he was picked on or otherwise hurt.
"You have vandalized my heart, raped my soul and torched my conscience," he says, apparently reading from his manifesto. "You thought it was one pathetic boy's life you were extinguishing. Thanks to you, I die like Jesus Christ, to inspire generations of the weak and the defenseless people."
The package arrived at NBC's headquarters in New York two days after Cho killed 32 people and committed suicide in the deadliest one-man shooting rampage in modern U.S. history. It bore a Postal Service time stamp showing that it had been mailed at a Virginia post office at 9:01 a.m. Monday, about an hour and 45 minutes after Cho first opened fire.
That would help explain one of the biggest mysteries about the massacre: where the gunman was and what he did during that two-hour window between the first burst of gunfire, at a high-rise dorm, and the second fusillade, at a classroom building.
"Your Mercedes wasn't enough, you brats," says Cho, a South Korean immigrant whose parents work at a dry cleaners in surburban Washington. "Your golden necklaces weren't enough, you snobs. Your trust funds wasn't enough. Your vodka and cognac wasn't enough. All your debaucheries weren't enough. Those weren't enough to fulfill your hedonistic needs. You had everything."
Some of the pictures show him smiling; others show him frowning and snarling. Some depict him brandishing two weapons at a time, one in each hand. He wears a khaki-colored military-style vest, fingerless gloves, a black T-shirt, a backpack and a backwards, black baseball cap. Another photo shows him swinging a hammer two-fisted. Another shows an angry-looking Cho holding a gun to his temple.
He refers to "martyrs like Eric and Dylan" — a reference to the teenage killers in the Columbine High massacre.
The package was sent by overnight delivery but did not arrive at NBC until Wednesday morning. It had apparently been delayed because it had the wrong ZIP code, NBC said.
An alert postal employee brought the package to NBC's attention after noticing the Blacksburg return address and a name similar to the words reportedly found scrawled in red ink on Cho's arm after the bloodbath, "Ismail Ax," NBC said.
NBC News President Steve Capus said that the network received the package around noon and notified the
FBI'
He said the FBI asked NBC to hold off reporting on it so that the bureau could look at it first, and NBC complied, finally breaking the story just before a police announcement of the package at 4:30 p.m.
Capus said it was clear Cho videotaped himself, because he could be seen leaning in to shut off the camera.
State Police Spokeswoman Corinne Geller cautioned that, while the package was mailed between the two shootings, police have not inspected the footage and have yet to establish exactly when the images were made.
Here's the detailed story from ABC News.
ABC News
http://news.yahoo.com/s/ap/20070418/ap_on_re_us/virginia_tech_shooting
By MATT APUZZO, AP National Writer
BLACKSBURG, Va. - Midway through his murderous rampage, the Virginia Tech gunman went to the post office and mailed NBC a package containing photos and videos of him brandishing guns and delivering a snarling, profanity-laced tirade about rich "brats" and their "hedonistic
"You had a hundred billion chances and ways to have avoided today," 23-year-old Cho Seung-Hui says in a harsh monotone. "But you decided to spill my blood. You forced me into a corner and gave me only one option. The decision was yours. Now you have blood on your hands that will never wash off."
NBC said the package contained a rambling and often-incoherent, 1,800-word video manifesto, plus 43 photos, 11 of them showing him aiming handguns at the camera.
He repeatedly suggests he was picked on or otherwise hurt.
"You have vandalized my heart, raped my soul and torched my conscience," he says, apparently reading from his manifesto. "You thought it was one pathetic boy's life you were extinguishing. Thanks to you, I die like Jesus Christ, to inspire generations of the weak and the defenseless people."
The package arrived at NBC's headquarters in New York two days after Cho killed 32 people and committed suicide in the deadliest one-man shooting rampage in modern U.S. history. It bore a Postal Service time stamp showing that it had been mailed at a Virginia post office at 9:01 a.m. Monday, about an hour and 45 minutes after Cho first opened fire.
That would help explain one of the biggest mysteries about the massacre: where the gunman was and what he did during that two-hour window between the first burst of gunfire, at a high-rise dorm, and the second fusillade, at a classroom building.
"Your Mercedes wasn't enough, you brats," says Cho, a South Korean immigrant whose parents work at a dry cleaners in surburban Washington. "Your golden necklaces weren't enough, you snobs. Your trust funds wasn't enough. Your vodka and cognac wasn't enough. All your debaucheries weren't enough. Those weren't enough to fulfill your hedonistic needs. You had everything."
Some of the pictures show him smiling; others show him frowning and snarling. Some depict him brandishing two weapons at a time, one in each hand. He wears a khaki-colored military-style vest, fingerless gloves, a black T-shirt, a backpack and a backwards, black baseball cap. Another photo shows him swinging a hammer two-fisted. Another shows an angry-looking Cho holding a gun to his temple.
He refers to "martyrs like Eric and Dylan" — a reference to the teenage killers in the Columbine High massacre.
The package was sent by overnight delivery but did not arrive at NBC until Wednesday morning. It had apparently been delayed because it had the wrong ZIP code, NBC said.
An alert postal employee brought the package to NBC's attention after noticing the Blacksburg return address and a name similar to the words reportedly found scrawled in red ink on Cho's arm after the bloodbath, "Ismail Ax," NBC said.
NBC News President Steve Capus said that the network received the package around noon and notified the
FBI'
He said the FBI asked NBC to hold off reporting on it so that the bureau could look at it first, and NBC complied, finally breaking the story just before a police announcement of the package at 4:30 p.m.
Capus said it was clear Cho videotaped himself, because he could be seen leaning in to shut off the camera.
State Police Spokeswoman Corinne Geller cautioned that, while the package was mailed between the two shootings, police have not inspected the footage and have yet to establish exactly when the images were made.
Tuesday, April 10, 2007
Bar Dormitories
Guys, if you are reviewing near San Beda or Baste, Check out the Dorm near La Consolacion behind McDo. There’s actually a pool where you can dip after a hard night’s study. You might wanna check it out!
Bar Review Programs
The following Schools offer Bar Review Programs
1. University of the Philippines
2. San Beda College
3. Ateneo Law School
4. Arellano University School of Law
5. San Sebastian Recoletos Manila
1. University of the Philippines
2. San Beda College
3. Ateneo Law School
4. Arellano University School of Law
5. San Sebastian Recoletos Manila
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